Yesinowski v. Bd. of Ed. of Byron Sch. Dist.

BOARD OF EDUCATION OF BYRON SCHOOL DISTRICT NO. 226, DEFENDANT-APPELLEE.

APPEAL from the Circuit Court of Ogle County; the Hon. JOHN L.
MOORE, Judge, presiding.

MR. JUSTICE DIXON DELIVERED THE OPINION OF THE COURT:

Complaint for administrative review was filed on July 11, 1973, to review a decision of the defendant Board of Education of Byron Community Unit School District No. 226, Ogle County, Illinois, made June 25, 1973, after a hearing held May 30, 1973.

After a hearing, an order was entered by the circuit court of Ogle County on November 2, 1973, affirming the decision of the Board. The plaintiff Jane Yesinowski brings this appeal to set aside the order of the circuit court and seeks reinstatement as a teacher.

The plaintiff had been employed by the Board for 4 years and had attained contractual continued service status (tenure) by virtue of the provisions of article 24 of the School Code.

On March 29, 1973, the superintendent sent a letter to the plaintiff advising her that the Board had voted unanimously not to renew her teaching contract for the school year 1973-1974.

The reasons given in the letter for the action of the Board were as follows:

"(1) Lack of discipline in the classroom. You have allowed students to behave in the classroom in such a manner that the general atmosphere that prevails is not conducive to a good learning situation.

(2) Your own attitude towards the situation is even worse now than it has been in the past.

(3) Based on the reports received students in your class are not receiving the extra help they need. This is still especially true with the group of students who are not math-oriented. Your failure to communicate with students has been very evident.

(4) You have done very little in incorporating new approaches to your teaching techniques that might help the discipline of your classes by maintaining the interest of the students."

A bill of particulars was requested and provided as follows:

"Charge No. 1  Lack of discipline in the classroom

A. General observations made by Mr. Parks, principal, revealed an atmosphere that was not conducive to good learning. Mr. Parks' evaluation is based on formal visits he made to your classes in November and December of 1972 and February and March of 1973, and is also based on informal observations he made of your classes while performing his duties as principal.

B. Excessive number of discipline problems eminating from your classes as shown by discipline reports that began on Friday, September 1, 1972 and has, as of the writing of this Bill of Particulars, reached a total in excess of 55 such reports which far exceeds the normal discipline problems from a classroom. The types of ...

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